Who pays after a crash with a driverless car
What to do when no one is driving the other car and how insurance usually works
A crash with a driverless car feels strange. You walk up to the other vehicle, and there is no one to talk to. No license to see. No insurance card to photograph. Who is responsible, and how do you file a claim?
The good news is that robotaxi companies have systems for crashes, and state laws require insurance. This guide explains what to do and how responsibility usually works. Laws differ by state and are changing fast, so talk with your insurer or a lawyer about a specific crash.
At the scene
1. Check for injuries and call 911 if anyone is hurt or the scene is dangerous.
2. Move to safety if your car can be driven and no one is badly hurt.
3. Do not get into or try to move the robotaxi.
4. Look for the company name and vehicle number on the car. Many robotaxis show a phone number or let you reach remote support through an external speaker or screen.
5. Contact the company. Use the posted number or the company’s website.
6. Take photos of both vehicles, the scene, road signs and any injuries.
7. Get witness names and phone numbers. If riders were in the robotaxi, they are witnesses too.
8. Get a police report. In many states, police respond to robotaxi crashes like any other.
Who is responsible
With a human driver, fault usually turns on what the driver did. With a robotaxi, the “driver” is software. Many state laws treat the person or company that operates the automated driving system as the operator for traffic and liability purposes.
That means claims typically go to the company’s insurance. Depending on the facts, responsibility might also fall on:
- Another human driver, if they caused the crash
- A parts maker or software developer, under product liability law
- A road agency, in rare cases involving dangerous road conditions
Your own driving still matters. If you caused or helped cause the crash, you may be partly or fully responsible.
Insurance requirements
Most states that allow driverless vehicles require the company to carry liability insurance or self insure. The Insurance Institute for Highway Safety tracks these rules. Common amounts include $5 million in states such as California, New York and Tennessee. Kentucky and Pennsylvania are among states that require $1 million [1]. Texas requires coverage at the levels state law sets for vehicles [2].
Tickets and violations
California began allowing police to issue “notices of noncompliance” to robotaxi companies for traffic violations on July 1, 2026. Companies must report these notices to the state DMV, which considers them in permit decisions [3]. Other states handle violations differently.
Preserve the evidence
Robotaxis carry many cameras and sensors and record the moments before a crash. That data can show exactly what happened.
- Send a written request to the company asking it to preserve all video and sensor data from the crash.
- Keep your own records: photos, dash camera video, medical bills, repair estimates and notes.
- Check federal records later. Companies must report many crashes involving automated driving systems to NHTSA, and NHTSA posts summaries online [4].
Warning: Get checked by a doctor after any crash, even if you feel fine. Some injuries, like concussions and whiplash, show up hours or days later.
Working with insurance
- Tell your own insurer about the crash right away.
- Your policy may pay first. Collision coverage can fix your car, and your insurer may then seek repayment from the company.
- Medical coverage through your auto policy or health plan may pay early bills.
- If you were a robotaxi rider, report injuries to the company and check its terms of service and insurance information.
When to call a lawyer
Consider talking with a lawyer if you were seriously hurt, if the company disputes fault, or if multiple parties may share blame. Many offer free consultations.
Checklist: after a crash with a driverless car
Checklist from Safety Behind the Wheel Foundation
- I called 911 if anyone was hurt
- I recorded the company name and vehicle number
- I contacted the company and got a claim or reference number
- I took photos and got witness information
- I asked the company in writing to preserve video and data
- I reported the crash to my insurer
- I saw a doctor
Frequently asked questions
Can a robotaxi be at fault?
Yes. Fault depends on what happened, not on whether a person was driving. The company’s insurance typically covers crashes its vehicle causes.
What if a car using driver assistance hits me?
If a human was behind the wheel using a driver assistance feature, the human driver is still the driver. Their insurance is the main source of payment.
Can I get the crash video?
Ask the company. If it refuses, a lawyer can request it formally as part of a claim.
Related articles
Sources and further reading
- 1Insurance Institute for Highway Safety. “Autonomous vehicle laws.” iihs.org/…/autonomous-vehicle-laws
- 2Texas Department of Motor Vehicles. “Automated Vehicles Regulatory Program.” txdmv.gov/AVprogram
- 3FOX 11 Los Angeles. “California’s robotaxi crackdown: New law allows police to cite driverless cars.” June 24, 2026. foxla.com/…/california-robotaxi-law-ab-…
- 4Eno Center for Transportation. “2025 Autonomous Vehicles Federal Policy Wrapped.” enotrans.org/…/2025-autonomous-vehicles-fe…
This article reflects the safety priorities of care after a crash and emerging vehicle technology. It is general education, not legal or insurance advice. Talk with your insurer or a lawyer about a specific crash. Reviewed November 2026.
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